✨ Criminal Prosecutions Regulations
481
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An allowance will be made to Prosecutors and witnesses of expenses actually and necessarily incurred by them in attendance before Justices: the amount to be fixed by the Committing Justices immediately after the hearing of the case, and a certificate granted. The amount stated in the certificate will be paid on presentation at the Colonial Treasury or Sub-Treasury.
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The Committing Justice, or his Clerk, shall ascertain from the prosecutor, as soon as a committal for trial takes place, whether he intends to take charge of the conduct of the prosecution, or authorises a Solicitor, appointed by the Crown, to act on his behalf.
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If the prosecution is left to such Solicitor, the Committing Justice or his Clerk will make a memorandum on the depositions to that effect, and forthwith transmit them to the Registrar of the Supreme Court of the District in which the trial is to take place.
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On receipt of the depositions, the Registrar will cause a copy to be made without delay, and transmit the same to the Crown Solicitor for the District.
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It will be the duty of the Crown Solicitor to carefully consider the depositions at once, and prepare the case for the Supreme Court, taking special care that any additional witnesses that can be obtained in support of the case are subpoenaed. The Police will render assistance in serving subpoenas.
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The Crown Solicitor or Counsel employed by him will conduct the prosecution at the trial. The Police will render assistance in procuring the attendance of witnesses, and having them ready to be examined when required, but the Solicitor will be responsible that this duty is properly performed.
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It will be competent for the Judge presiding at the trial to give such directions as he may think fit, as to the disallowance of the whole or any part of the costs of the prosecution, including allowances to witnesses.
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Subject to such directions, the Solicitor who has conducted the prosecution, whether at the instance of the Prosecutor, or of the Crown, will make out a Bill of costs, including allowances to witnesses.
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The Registrar of the Supreme Court of the place at which the trial takes place, will tax the Bill of Costs, giving effect to any directions the presiding Judge may have given, and grant a certificate of the amount allowed in each case.
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The amount allowed to the Crown Solicitor will be according to the following scale; and the amount specified in such certificate will be paid at the Treasury or Sub-Treasury on presentation of the certificate to the Solicitor having charge of the prosecution, who will pay the witnesses their allowances.
Proposed Scale of Costs in every Case.
Solicitor preparing case for and attending trial ... £2 2 0
Counsel’s fee on trial ... 2 2 0
... ... 4 4 0
Where subpoena required, same to be issued by Solicitor, and served by Police.
Costs allowed Solicitor as follow:—
| s. | d. | |
|---|---|---|
| Attendance for each subpoena | 3 | 4 |
| Each copy | 1 | 0 |
| Instructing Police as to service | 3 | 4 |
Fred. Whitaker,
Attorney-General’s Office,
Auckland, February 23, 1864.
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Southland Provincial Gazette 1864, No 14
✨ LLM interpretation of page content
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Criminal Prosecutions Regulations
(continued from previous page)
⚖️ Justice & Law Enforcement23 February 1864
Criminal Prosecutions, Regulations, Police, Crown Solicitor, Witness Allowances
- Fred. Whitaker, Attorney-General's Office